§ 389.3 - Definitions.

§ 389.3 Definitions.

Act means statutes granting the Secretary authority to regulate motor carrier safety or commercial activity.

Administrator means the Federal Motor Carrier Safety Administrator.

Confidential business information means trade secrets or commercial or financial information that is privileged or confidential, as described in 5 U.S.C. 552(b)(4). Commercial or financial information is considered confidential if it was voluntarily submitted and is the type of information that is customarily not released to the general public by the person or entity from whom it was obtained.

Major rule means—

(1) Any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in:

(i) An annual effect on the economy of $100,000,000 or more;

(ii) A major increase in costs or prices for consumers, individual industries, geographic regions, or Federal, State, or local government agencies; or

(iii) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

(2) The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.

Petition means a request for:

(1) A new regulation;

(i) A regulatory interpretation or clarification; or

(ii) A determination made by the Administrator that a regulation should be modified or eliminated because it is:

(A) No longer:

(1) Consistent and clear;

(2) Current with the operational realities of the motor carrier industry; or

(3) Uniformly enforced;

(B) Ineffective; or

(C) Overly burdensome.

Written or in writing means printed, handwritten, typewritten either on paper or other tangible medium, or by any method of electronic documentation such as electronic mail.

[62 FR 37152, July 11, 1997, as amended at 80 FR 32864, June 10, 2015; 85 FR 86848, Dec. 31, 2020; 88 FR 80183, Nov. 17, 2023]